Victorian Numbered Acts

MEDICAL TREATMENT PLANNING AND DECISIONS ACT 2016 (NO. 69 OF 2016) - SECT 82

    (1)     Each of the following persons may apply to VCAT in relation to any matter, question or dispute under this Part relating to the administration of a medical research procedure to a person—

        (a)     the person's medical treatment decision maker;

        (b)     a person who, in the opinion of VCAT, has a special interest in the affairs of the person, including a medical research practitioner.

    (2)     Despite subsection (1)(b), a medical research practitioner who is involved in the relevant research project is not entitled to apply to VCAT in relation to a refusal of a medical research procedure by a medical treatment decision maker.

    (3)     If an application is made under subsection (1), the person to whom the medical research procedure is being administered is a party to the proceeding.

Note

See also section 59 of the Victorian Civil and Administrative Tribunal Act 1998 .

    (4)     The principal registrar of VCAT must give notice of an application, of the hearing of the application and of any order of VCAT in respect of the application to—

        (a)     the Public Advocate; and

        (b)     any other person whom VCAT considers has a special interest in the affairs of the person.

    (5)     On an application under subsection (1), VCAT may—

        (a)     make an     order declaring that any proposed medical research procedure is or is not contrary to any known preferences and values of the person to whom medical treatment is being administered, whether—

              (i)     expressed by way of a values directive or otherwise; or

              (ii)     inferred from the person's life; or

        (b)     if the person's preferences and values are not known, order that any proposed medical research procedure is or is not contrary to promoting the personal and social wellbeing of the person, having regard to the need to respect the person's individuality; or

        (c)     make an order declaring that a decision relating to a medical research procedure is valid or invalid or effective or ineffective; or

        (d)     give an advisory opinion or directions in relation to the scope or exercise of the medical treatment decision maker's authority; or

        (e)     make any other orders it considers necessary.